Venugopalan, Vs the District Collector

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2025:KER:30151

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

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MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947

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WP(C) NO. 21312 OF 2023

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PETITIONER:

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BINDU, AGED 61 YEARS, W/O. VENUGOPALAN, MUCHAMPARAMBIL PUTHENVEETTIL HOUSE, THRIKKANNAPURAM POST, THAVANUR, MALAPPURAM DISTRICT, PIN – 679573.

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BY ADVS.
K.P.SUDHEER
PARVATHY SRIKUMAR

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, MALAPPURAM, CIVIL STATION, MALAPPURAM – PIN – 676505.

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2 THE REVENUE DIVISIONAL OFFICER, TIRUR, REVENUE DIVISIONAL OFFICE, TIRUR, MALAPPURAM DISTRICT, PIN – 676101.

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3 ADDL.R3. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM - 695001 (IS IMPLEADED AS PER ORDER DATED 23-01-24 IN IA 1/2023).

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WP(C) Nos.21312 and 21540 of 2023 2 2025:KER:30151

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OTHER PRESENT:

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SRI E G GORDEN SR GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.04.2025, ALONG WITH WP(C).21540/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.21312 and 21540 of 2023 3 2025:KER:30151

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

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MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947

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WP(C) NO. 21540 OF 2023

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PETITIONER:

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VENUGOPALAN, AGED 61 YEARS, S/O. GOPALAN NAIR, MUCHAMPARAMBIL PUTHENVEETTIL HOUSE, THRIKKANNAPURAM POST, THAVANUR, MALAPPURAM DISTRICT, PIN – 679573.

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BY ADVS.

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K.P.SUDHEER
PARVATHY SRIKUMAR

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, MALAPPURAM, CIVIL STATION, MALAPPURAM, PIN – 676505.

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2 THE REVENUE DIVISIONAL OFFICER, TIRUR, REVENUE DIVISIONAL OFFICE,TIRUR, MALAPPURAM DISTRICT, PIN – 676101.

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3 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, IS IMPLEADED AS ADDL.R3 AS PER ORDER DTD.11.12.2023 IN IA 01/2023.

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WP(C) Nos.21312 and 21540 of 2023 4 2025:KER:30151

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OTHER PRESENT

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BY ADV. SRI.E.G.GORDEN, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.04.2025, ALONG WITH WP(C).21312/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.21312 and 21540 of 2023 5 2025:KER:30151

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JUDGMENT

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[WP(C) Nos.21312 and 21540 of 2023]

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The petitioner stated to be in ownership and possession of 44.51 Ares of property in survey No.447/3/2 of Thavanur Village filed an application in Form No.7, with reference to the change in use of the property before the RDO. The petitioner states that no orders were served, with reference to the disposal of the afore application, though as per Ext.P2 Judgment, this Court in February 2022, directed the consideration of the application. In reply to an application filed under the RTI Act, the petitioners was served with Ext.P4 letter informing the petitioner that Form NO.7 application is already disposed of, pursuant to the directions of this Court as per order dated 04.08.2022 and dispatched to the petitioner on 25.08.2022. The reply at Ext.P4 is stated to have been received by the petitioner only on 06.02.2023. He obtained the order issued as above, as evidenced by Ext.P5 and thereafter filled a further appeal under provisions of Section 27 B before the District Collector. In the appeal, the petitioner

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WP(C) Nos.21312 and 21540 of 2023 6 2025:KER:30151

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states that he has specifically raised a contention to the effect that, the order at Ext.P5 was not served on 25.08.2022 as stated in Ext.P4 reply (ground No.4).

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However, as per Ext.P9 order, the District Collector refused to consider the appeal filed essentially on the ground of delay, with reference to the date of Ext.P5 order - 04.08.2022.

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It is in such circumstances that the captioned writ petition is filed by the petitioner.

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I have heard Sri.K.P.Sudheer, the learned

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counsel for the petitioner and Sri.E.G.Gorden, the learned Senior Government Pleader.

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This Court notices that Ext.P9 order has been

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issued with reference to the date of Ext.P5 order and the date 25.08.2022, which is stated to be the date on which the order was send to the petitioner herein. However, this Court notices that, apart from stating that the order was dispatched as above, the communication at Ext.P4 is silent as to the actual communication of the order on the petitioner. If that be the case, there is no evidence regarding the service of the order

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WP(C) Nos.21312 and 21540 of 2023 7 2025:KER:30151

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on the petitioner and the petitioner is justified in filing the appeal, with reference to the date of receipt of the certified copy of the Ext.P5 order. On the other hand, if there is evidence, with reference to the service of the order as stated in Ext.P4 with reference to the date of dispatch - 25.08.2022 – the findings in Ext.P9 cannot be faulted .

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Even on the face of the afore, I notice that, ultimately if, there is a delay, the petitioner can maintain the appeal along with an application seeking condonation of delay. This is also not seen considered by the District Collector while issuing the impugned order at Ext.P9.

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In the result, I am of the opinion that the impugned order at Ext.P9 is to be set aside.

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Resultantly, this writ petition would stand allowed by setting aside Ext.P9 and directing the District Collector to consider as to whether the order at Ext.P5 has been served on the petitioner with reference to the date of dispatch, as noticed in Ext.P4. If the order has not been so served, the appeal filed by the petitioner to be entertained on merits. On the other hand, if there is service of order, with reference to

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WP(C) Nos.21312 and 21540 of 2023 8 2025:KER:30151

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the date 25.08.2022, the petitioner to be granted an opportunity to seek for condonation of delay by filing an appropriate application. The District Collector to pass appropriate orders, as expeditiously as possible, at any rate, within a period of four months from today.

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Sd/-

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HARISANKAR V. MENON JUDGE

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ANA

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WP(C) Nos.21312 and 21540 of 2023 9 2025:KER:30151

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APPENDIX OF WP(C) 21540/2023

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PETITIONER EXHIBITS

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EXHIBIT P1TRUE COPY OF PARTITION DEED DATED
25/02/2005 REGISTERED AS DOCUMENT NO.
925/2005 OF EDAPPAL SRO.
EXHIBIT P2TRUE COPY OF JUDGMENT DATED 22. 2.2022 IN
WP(C) NO. 5909/2022 PASSED BY THIS
HONOURABLE COURT.
EXHIBIT P3TRUE COPY OF APPLICATION DATED 12/12/2022
SUBMITTED BY THE PETITIONER TO THE 2ND
RESPONDENT UNDER THE RIGHT TO INFORMATION
ACT.
EXHIBIT P4TRUE COPY OF REPLY DATED 05/01/2023 AND
THE POSTAL COVER IN WHICH THE SAID
COMMUNICATION WAS FORWARDED TO THE
PETITIONER.
EXHIBIT P5TRUE COPY OF ORDER NO. RDOTIR/ 603/2022-
K1 DATED 04.08.2022 FURNISHED TO THE
PETITIONER BY THE 2ND RESPONDENT
EXHIBIT P6TRUE COPY OF APPEAL DATED 10.4.2023
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT.
EXHIBIT P7TRUE COPY OF E-CHALAN NO.
KL000808931202324E DATED 10.4.2023 ISSUED
BY THE OFFICE OF THE 1ST RESPONDENT
EXHIBIT P8TRUE COPY OF ACKNOWLEDGMENT RECEIPT NO.
809416/23-B7 DATED 10.4.2023 ISSUED BY
THE OFFICE OF THE 1ST RESPONDENT

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EXHIBIT P9TRUE COPY OF ORDER NO. 1/241614/2023 –
DCMPM/ 4947/ 2023-B7 DATED 17.4.2023
ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT P10TRUE COPY OF REPORT DATED 18.2.2022 ALONG
WITH LOCATION MAP ISSUED BY THE VILLAGE

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WP(C) Nos.21312 and 21540 of 2023 10 2025:KER:30151

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OFFICER, THAVANNUR VILLAGE.

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EXHIBIT P11

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TRUE COPY OF REPORT NO. G2-409/22 DATED
04.04.2022 ISSUED BY THE TAHASILDAR (LR),
PONNANI TO THE 2ND RESPONDENT.

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WP(C) Nos.21312 and 21540 of 2023 11 2025:KER:30151

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APPENDIX OF WP(C) 21312/2023

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PETITIONER EXHIBITS

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EXHIBIT P1TRUE COPY OF SETTLEMENT DEED DATED
14.8.2008 REGISTERED AS DOC. NO.
4772/2008 OF EDAPPAL SRO.

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EXHIBIT P2TRUE COPY OF JUDGMENT DATED 8.2.2022 IN
WP(C) NO. 4132/2022 PASSED BY THIS
HONOURABLE COURT.
EXHIBIT P3TRUE COPY OF APPLICATION DATED 12/12/2022
SUBMITTED BY THE PETITIONER’S HUSBAND TO
THE 2ND RESPONDENT UNDER THE RIGHT TO
INFORMATION ACT.
EXHIBIT P4TRUE COPY OF REPLY DATED 05/01/2023 AND
THE POSTAL COVER IN WHICH THE SAID
COMMUNICATION WAS FORWARDED TO THE
PETITIONER’S HUSBAND

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EXHIBIT P5TRUE COPY OF ORDER NO. RDOTIR/ 871/2022-
K1 DATED 04.08.2022 FURNISHED TO THE
PETITIONER BY THE 2ND RESPONDENT.
EXHIBIT P6TRUE COPY OF APPEAL DATED 10.4.2023
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT.
EXHIBIT P7TRUE COPY OF E-CHALAN NO.
KL000810793202324E DATED 10.4.2023 ISSUED
BY THE OFFICE OF THE 1ST RESPONDENT
EXHIBIT P8TRUE COPY OF ACKNOWLEDGMENT RECEIPT NO.
809607/23-B7 DATED 10.4.2023 ISSUED BY
THE OFFICE OF THE 1ST RESPONDENT.

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EXHIBIT P9TRUE COPY OF ORDER NO. 1/241602/2023 –
DCMPM/ 4946/ 2023-B7 DATED 17.4.2023
ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT P10TRUE COPY OF REPORT DATED 18.2.2022 ALONG
WITH LOCATION MAP ISSUED BY THE VILLAGE

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WP(C) Nos.21312 and 21540 of 2023 12 2025:KER:30151

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OFFICER, THAVANNUR VILLAGE.

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EXHIBIT P11

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TRUE COPY OF REPORT NO. G2-410/22 DATED
04.04.2022 ISSUED BY THE TAHASILDAR (LR),
PONNANI TO THE 2ND RESPONDENT

Venugopalan, v. the District Collector

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Venugopalan, v. the District Collector

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